RAM PRAKASH PRAJAPATI Vs. STATE OF U P

JUDGEMENT

(1.) THIS revision petition has been filed by the revisionist against an order dated 4th February, 1993 passed by the Chief Judicial Magistrate, Allahabad declining to release a Bajaj Motorcycle registered at number U.P. 70-B/7515. The revisionist is an accused in a case of murder and the allegation is that he reached the scene of occurrence on the Motor Cycle in question. Learned Chief Judicial Magistrate has declined to release the vehicle solely on the ground that it was a case property and will be required at the time of the trial.

(2.) LEARNED Additional Government Advocate as well as the learned counsel for the first informant agree that the vehicle can be released in favour of the revisionist, who is admittedly the owner thereof on his undertaking to produce the same before the Court concerned whenever required.